Bill Text: CA SB600 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public contracts: school districts: bidding requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-08-25 - Set, second hearing. Held in committee and under submission. [SB600 Detail]

Download: California-2011-SB600-Amended.html

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BILL NUMBER: SB 600	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator Rubio

                        FEBRUARY 17, 2011

   An act to amend Section 20111.5 of  , and to add Section
20111.6 to,  the Public Contract Code, relating to public
contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 600, as amended, Rubio. Public contracts: school districts:
bidding requirements.
   Under existing law, the governing board of a school district may
require each prospective bidder for specified contracts to submit a
standardized questionnaire and financial statement, including
information relating to financial ability and experience in
performing public works  , which is required to be verified under
oath  . Existing law further requires a school district
requiring the above information to adopt and apply a uniform system
of rating bidders on the basis of the completed questionnaires and
financial statements, as specified  to rate bidders to
determine the size of contract for which the bidder is qualified
 .
   This bill would  make a technical, nonsubstantive change
to this provision   require the questionnaire and
uniform system of rating bidders described above to contain, at a
minimum, substantially similar information, questions, and
requirements as that of the standardized questionnaire and model
guidelines for rating bidders developed by the Department of
Industrial Relations, as specified. This bill would provide that the
questionnaire and uniform system of rating bidders described above
shall not preclude the governing board of the district from
prequalifying or disqualifying a subcontractor  . 
   This bill would also require the governing board of the district,
for certain public projects, if the governing board of the district
chooses not to follow the uniform system of rating bidders described
above, to use other procedures, which require a standardized
questionnaire and financial statement to be verified under oath, for
bidding applicable to public entities, as prescribed. By expanding
the scope of an existing crime and by imposing new duties on local
officials, this bill would impose a state-mandated local program.
 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason. 

   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 20111.5 of the Public Contract Code is amended
to read:
   20111.5.  (a) The governing board of the district may require that
each prospective bidder for a contract, as described under Section
20111, complete and submit to the district a standardized
questionnaire and financial statement in a form specified by the
district, including a complete statement of the prospective bidder's
financial ability and experience in performing public works. The
questionnaire and financial statement shall be verified under oath by
the bidder in the manner in which civil pleadings in civil actions
are verified. The questionnaires and financial statements shall not
be public records and shall not be open to public inspection.
   (b) Any school district requiring prospective bidders to complete
and submit questionnaires and financial statements, as described in
subdivision (a), shall adopt and apply a uniform system of rating
bidders on the basis of the completed questionnaires and financial
statements, in order to determine the size of the contracts upon
which each bidder shall be deemed qualified to bid. 
   (c) The questionnaire described in subdivision (a), and the
uniform system of rating bidders described in subdivision (b), shall
contain, at a minimum, substantially similar information, questions,
and requirements as that of the standardized questionnaire and model
guidelines for rating bidders developed by the Department of
Industrial Relations pursuant to subdivision (a) of Section 20101.
 
   (c) 
    (d)  Each prospective bidder on any contract described
under Section 20111 shall be furnished by the school district letting
the contract with a standardized proposal form that, when completed
and executed, shall be submitted as his or her bid. Bids not
presented on the forms so furnished shall be disregarded. 
   (d) 
    (e)  A proposal form required pursuant to subdivision
 (c)   (d)  shall not be accepted from any
person or other entity that is required to submit a completed
questionnaire and financial statement for prequalification pursuant
to subdivision (a), but has not done so at least five days prior to
the date fixed for the public opening of sealed bids or has not been
prequalified, pursuant to subdivision (b), for at least one day prior
to that date. 
   (e) 
    (f)  Notwithstanding subdivision  (d) 
 (e)  , any school district may establish a process for
prequalifying prospective bidders pursuant to this section on a
quarterly basis and may authorize that prequalification to be
considered valid for up to one calendar year following the date of
initial prequalification. 
    (g) Nothing in this section shall preclude the governing board of
the district from prequalifying or disqualifying a subcontractor.
The disqualification of a subcontractor by the governing board of the
district does not disqualify an otherwise prequalified contractor.

   SEC. 2.   Section 20111.6 is added to the  
Public Contract Code   , to read:  
   20111.6.  (a) This section shall apply only to public projects, as
defined in subdivision (c) of Section 22002, for which the governing
board of the district uses funds received pursuant to the Leroy F.
Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with
Section 17070.10) of Part 10 of Division 1 of Title 1 of the
Education Code) for a public project.
   (b) If the governing board of the district does not utilize the
procedures set forth in Section 20111.5 for a contract meeting the
criteria of subdivision (a), then the governing board of the district
shall use the procedures for qualification of bidders set forth in
Section 20101.
   (c) For purposes of this section, bidders shall include all
subcontractors required to be listed in a bid pursuant to Section
4104. 
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.  
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.